RESULT: Repayment Ordered, Struck off | Disciplinary Committee decision delivered February 05, 2011.

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FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO. 66 of 2009

IN THE MATTER OF EDNA M. POLEAN-HENRY vs A. HAUGHTON-CARDENAS

AND

IN THE MATTER OF THE LEGAL PROFESSION ACT 1971

PANEL:
DR ADOLPH EDWARDS
MISS LILIETH DEACON
DR. RANDOLPH WILLIAMS

DECISION DELIVERED ON THE 5TH FEBRUARY, 2011

UPON THE APPLICATION dated 23rd March, 2009 made under section 12(1)(a) of the Legal Profession Act coming on for hearing before the Disciplinary Committee on the 15th May, 2010, and 5th February, 2011

AND UPON the complainant Edna Polean-Henry affirmed and having given evidence

AND UPON the attorney Antoinette Haughton-Cardenas not appearing

AND UPON DUE CONSIDERATION of the evidence of Mrs. Edna Polean-Henry

THE COMMITTEE FINDS: the complainant has proved her case. In the circumstances the Committee finds that the Attorney Antoinette Haughton­Cardenas is guilty of professional misconduct in that under the contingency arrangement of 33 1/3% and the amount received from the insurance of $1,250,000.00 the sum on contingency would be $416,666.66 and balance to the complainant would be $833, 333.37

PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:­

Pursuant to s 12(4) of the Legal Profession Act:

1. The attorney-at-law Antoinette Haughton-Cardenas pay the sum of $833,333.37, to the Complainant plus costs of $25,000.00 and interest from the date of complaint 23rd March, 2009 on the sum of $833,333.37 the rate of 6% per annum until payment
2. The name of Antoinette Haughton-Cardenas be struck from the Roll of Attorneys-at-law entitled to practice in the several courts of the Island of Jamaica.

Dated 12th April, 2011

DR ADOLPH EDWARDS
CHAIRMAN OF PANEL